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entire estate and
decree in suit binds heirs not impleaded Personal law of
deceased-Whether relevant.
HEADNOTE ... where
the plaintiff institutes a suit against certain person as
legal representatives of the deceased debtor there is no
representation
Supreme Court of India
course of the suit is this:
whether the estate of the deceased person was sufficiently represented
by the legal representative ... respondent, a suit was
brought against A, the widow of the deceased person as his
representative and a decree
Madras High Court
cannot proceed without the
representatives of the deceased person (e.g. suit relating to
partnership) the Court will find itself ... determined without affecting the
rights of the deceased person, the suit shall proceed. Again if the
question arises in appeal
Punjab-Haryana High Court
prior to the suit,
it is necessary to add the legal personal representatives of the
deceased partner as parties ... sole defendant in the
suit. If he dies before suit, and a suit is brought against him in
the name
Bombay High Court
suit under the Act can be maintained, and
that these persons are the representatives of the deceased, in the
sense ... name of, the representative of the person deceased, but one suit
only is allowed to enforce the claims
Karnataka High Court
suit.
7. The 12th defendant in the suit filed a written statement contending
that the suit is not maintainable ... personal
interest in the settlement of the claims.
17. This suit was tried along with other suits. The learned
Kerala High Court
given or made in the suit shall bind the estate of the deceased person to the same extent ... represent the estate of the deceased person for the purpose of the suit and any judgment or order subsequently given
Madras High Court
case where the deceased person had died before the
institution of the suit itself;
(iii) the names of the legal ... suit filed in the
name of a deceased person and a suit filed against a deceased person
would
Punjab-Haryana High Court
deceased person who has died
intestate can file a suit for administration where it is necessary to
take an account ... primary object of the suit was the administration of the estate
of a deceased person resident within the jurisdiction
Gujarat High Court
course of the suit that the right of the
deceased plaintiff did not survive to the person brought on record ... representative of a deceased plaintiff and continue the suit
amounted to a dismissal of the suit and was, therefore, appealable
Madras High Court
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